French v. Osmer
Supreme Court of Vermont
Case for the negligence of the defendant. Plea, the general issue. Trial by court at the February term, 1893, Thompson, J., presiding. Upon the -facts found the court gave judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover for damages to his buggy-wagon occasioned by the negligence of the defendant. June 25, 1891, the plaintiff sold the wagon in question to one Caswell, and took his note therefor, payable on demand.
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Case for the negligence of the defendant. Plea, the general issue. Trial by court at the February term, 1893, Thompson, J., presiding. Upon the -facts found the court gave judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover for damages to his buggy-wagon occasioned by the negligence of the defendant. June 25, 1891, the plaintiff sold the wagon in question to one Caswell, and took his note therefor, payable on demand. The note was ' secured by a vendor’s lien upon the wagon, which was duly recorded. In March, 1892, the wagon being-in the possession of Caswell,…
1Opinion of the CourtRowell, J.
This case has been twice argued and much considered, and this is the first time we have been able to dispose of it. The question is, whether the vendor of personal property sold conditionally with a lien reserved thereon seasonably recorded can maintain an action on the case against the purchaser’s' bailee thereof for injuring the same after thirty days from the time of condition broken. To decide this question it is necessary to determine the nature and extent of the interest that such a vendor has in the property. Before any legislation on the subject this was not doubtful, for the court…
2Cases cited5 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Harrington v. KingMassachusetts Supreme Judicial Court · 1876
- Roberts v. HuntSupreme Court of Vermont · 1889
- Smith v. WoodSupreme Court of Vermont · 1891
3Cited by9 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Stotts v. Puget Sound Traction, Light & Power Co.Washington Supreme Court · 1917
- First National Bank v. Union Ry. Co.Tennessee Supreme Court · 1926
- LaValley v. RavennaSupreme Court of Vermont · 1905
- Desany v. ThorpSupreme Court of Vermont · 1897
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